Dank v Cronulla-Sutherland District Rugby League Football Club [2013] NSWSC 1101

Dank v Cronulla-Sutherland District Rugby League Football Club [2013] NSWSC 1101

The pleadings against the first and sixth defendants are struck out because they do not provide the whole of any single publication sought to be sued on, nor context, and are embarrassing. The plaintiff is afforded leave to replead and to serve further interrogatories limited to the terms suggested by the defendants.

Jurisdiction
Australia
Judgment Date
08 August 2013
Procedural Posture
Interlocutory Application / Pleadings and Interrogatories
Outcome
pleadings struck out against first and sixth defendants; leave to replead; limited interrogatories permitted
Legal Topics
['publication' 'pleading' 'interrogatories']
['defamation' 'civil Procedure'] ['publication' 'pleading' 'interrogatories']

Case Brief

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Procedural Posture

Interlocutory Application / Pleadings and Interrogatories

Legal Issues

  1. 1 ['Whether the pleadings against the first and sixth defendants in relation to publication are adequate' 'Whether interrogatories should be permitted relating to oral publication']

Ratio Decidendi

The pleadings against the first and sixth defendants are struck out because they do not provide the whole of any single publication sought to be sued on, nor context, and are embarrassing. The plaintiff is afforded leave to replead and to serve further interrogatories limited to the terms suggested by the defendants.

Court Disposition

pleadings struck out against first and sixth defendants; leave to replead; limited interrogatories permitted

Orders

  • ['Paragraphs 3, 5 and 7 and particulars of republication struck out as against the first and sixth defendants with leave to replead.' 'Plaintiff to serve any further notice to the sixth defendant to answer interrogatories within two weeks.' 'Subject to any further objection, the sixth defendant to answer...